M/S CHEMICAL CONSTRUCTION INTE vs. COMMISSIONER OF INCOME TAX I

IN THE HIGH COURT OF DELHI AT NEW DELHI . ITA 981/2006 . M/S CHEMICAL CONSTRUCTION INTE ..... Appellant Through Mr. D.N. Sawhney and Mr. M.D. Rastogi with . . Mr. K.M Ahuja, Advocates. versus . COMMISSIONER OF INCOME TAX I ..... Respondent Through Mr. J.R. Goel, Advocate. . CORAM: HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE V. B. GUPTA . O R D E R 23.01.2007 . Admit. After hearing learned counsel for the parties we are of the view that following substantial questions arise for our consideration:- ?(i) Whether the Income Tax Appellate Tribunal is correct in law to hold that the supply of drawing and . ITA No. 981/2006 Page 1 of 3 . design and engineering know-how in relation to turnkey projects are independent contracts, have no relation with supply, erection and commissioning of plant and receipt thereof will be assessed in the year other than the year in which projects were completed? . (ii) Whether the Income Tax Appellate Tribunal is correct in law to hold that the amounts of Rs. 50 lakhs and Rs.65 lakhs received from M/s Goetze India Ltd. and M/s Rama Phosphates Ltd. under independent contracts were to be always considered separately not connected with the supply and commissioning of Soya Extraction Plant? . (iii) Whether the Income Tax Appellate Tribunal is correct in law to sustain the disallowance of expenditure of Rs. 7,87,512/- in the absence of original in spite of production of photocopies of the vouchers available and the fact that payments were made by account payee cheques? . (iv) Whether the Income Tax Appellate Tribunal is correct in law to sustain the disallowance of Rs. 5,17,313/- out of plant erection expenses, petty in nature incurred at site, in the absence of evidence, particularly since similar payments have been allowed by the Income Tax Appellate Tribunal in the Assessment Years 1994-1995 and 1995-1996?? . ITA No. 981/2006 Page 2 of 3 . Paper books be filed in accordance with the High Court Rules. . . . MADAN B. LOKUR, J . . . . V. B. GUPTA, J JANUARY 23, 2007 rs . . . . . . . . . . . . ITA No. 981/2006 Page 3 of 3